A Research For Concerning The Issues Of Law Of The Seaman's Employment Contract

Compared to other land-based industries , the sea-transporting is a vocation which is recognized of being fulled with difficult and risk, so the crew's contract needs more protection than the general contract. However, the laws and regulations protecting the crew in our country is badly deficent. Some provisions which are scattered only in the specific regulations and requirements are not complete, resulting in a large number of contract dispute.A lot of legal issues need to be solved. Therefore, there is a need to study the subject on crew's contract. On March 28, 2007, the State Council examined and adopted the " the Crew Rule of People's Republic of China (draft)" (referred to as the Crew Rule), which is of landmark significance for our country's legal system construction and crew management. Under the new " Crew Rule," studying the issues related to the crew's contract has more solid theoretical base, in the meanwhile it is greatly required by the reality of the urgency.This article is divided into six parts. The first part is about the basic theory of crew's contract , which constitutes one of the key points of this article.It is also the logic startingt for studying the crew's contract. In this section, the main contention is about the concept of contract, the type and nature of the the crew's contracts as well as the differences between the labor contract and the crew's employment contract. The second part introduces the main body of the crew's contract.,including the scope of the subject and the legal status of them. The third part is a general introduction of the crew's contract's signing on, alteration, termination and relieving ,which can be called a course "from the Health to death" . Part four introduces the dispute mechanism of the crew's contract. This is also a focus of the full text. It mainly pointes that the director of labor disputes, jurisdiction, applicable law and the relief methods to solve the problem. Part five discusses the special problem of crew's contract - the contractl assigned abroad. It has a clear analysia of the legal relationship between the parties and it also pointes out the existence of the legal issues. Part six is the end-result of the full text, considering how to improve the legal system of crew's contract and make recommendations. This part of suggestions are closely focusd on the issues raised, although it is not systematic, the author hopes it can be useful for the protection of the crew's rights.